Spouse filling divorce

[Rajesh Gehlot 0]

I need an opinion on my case. I was married to an USA citizen in April 2016 in my home country (India) and I came here in February 2018. Now my wife don’t want to live with me anymore and willing to file a divorce. Can I still be able to file to remove conditions. As the green card I received is valid for 2 years or I have to leave country after the divorce hearing. She told me that she need to report it to the immigration department that we have been divorced now and then they will deport me. I am on CR1 visa. Please suggest me a way out. 

Edited September 28, 2018 by Rajesh Gehlot

[debbiedoo 2,339]

you can file for ROC with a divorce waiver. She cant deport you. the most she could do is report if she felt the marriage was not bonafide and you only wanted to marry her to move here. And she would need proof of that. Presumably your evidence from AOS would overcome that issue. and the fact she filed for divorce and not you(if thats the case)

[Liam2021 583]

Yes,you can. Get the divorce finally and you can file ROC by yourself. However, you still need to prove your married was end in a good faith.

[Rajesh Gehlot 0]

40 minutes ago, debbiedoo said:

you can file for ROC with a divorce waiver. She cant deport you. the most she could do is report if she felt the marriage was not bonafide and you only wanted to marry her to move here. And she would need proof of that. Presumably your evidence from AOS would overcome that issue. and the fact she filed for divorce and not you(if thats the case)

The marriage was not fake we did it India with a big celebration which includes all my relatives and friends. I have video and pics both of it. Even when she traveled to India (twice) those with our honeymoon trip too. Here also we been to few places and have pics of those moments too. Have bills of shopping done in India during our marriage. But now she want a divorce, I tried a lot to convince her to get separated but she has already starting making her profiles on other matrimonial websites. Luckily I got snapshot of those emails from her phone. 

[little immigrant 801]

42 minutes ago, debbiedoo said:

you can file for ROC with a divorce waiver. She cant deport you. the most she could do is report if she felt the marriage was not bonafide and you only wanted to marry her to move here. And she would need proof of that. Presumably your evidence from AOS would overcome that issue. and the fact she filed for divorce and not you(if thats the case)

There was no AOS 

 

@Rajesh Gehlot collect all the evidence you can to proof that this was a bonafide marriage. It sounds like you haven't even lived together for very long. But try your best. You can file ROC with a divorce waiver as mentioned.

 

At this point I would wait and see if she actually really files divorce. You will not just get deported either way. 

 

Make sure to update your address with USCIS in case you move out. Maybe even open your own PO box just so she cannot intercept your mail from USCIS... 

[Ontarkie 14,236]

~~Moved to Effects of Major Family Changes, from IR1/CR1 Progress reports.~~

[Rajesh Gehlot 0]

2 hours ago, H&T said:

Yes,you can. Get the divorce finally and you can file ROC by yourself. However, you still need to prove your married was end in a good faith.

 

2 hours ago, debbiedoo said:

you can file for ROC with a divorce waiver. She cant deport you. the most she could do is report if she felt the marriage was not bonafide and you only wanted to marry her to move here. And she would need proof of that. Presumably your evidence from AOS would overcome that issue. and the fact she filed for divorce and not you(if thats the case)

Do I need to hire an attorney or I can file it on my own. In case of attorney how much they charge. If I can file on my own then what’s the way. We guys lived together for about an year. 5 months in India when she lived with me and my family and 8 months here. 

[little immigrant 801]

Hi you can definitely do it yourself. See below the instructions:

 

https://www.visajourney.com/content/751guide

 

https://www.uscis.gov/i-751

[geowrian 22,337]

21 hours ago, Rajesh Gehlot said:

The marriage was not fake we did it India with a big celebration which includes all my relatives and friends.

I'm not implying anything negative here, but there's a big difference between a "fake" marriage and a bona fide one. The point is you need to show for ROC that the marriage was bona fide (one not entered into to bypass immigration laws), not just that it was legal.

[Rajesh Gehlot 0]

Thanks n I got your point. 

[WeGuyGal 1,052]

One set of factors that's being scrutinized more and more of late is discrepancy in age/religion/previous marriage/kids of a USC if any. Those are not bars on ROC, but are being reviewed more and more.